Decree No. 173/2013/ND-CP on administrative sanctions for violations in the field of meteorology, hydrology, surveying, and cartography

DECREE

Article 24||| prescribing administrative penalties for violations in the field of

||| meteorology, hydrology, surveying, and cartography,ồ

_______________________

Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Law X||| handling administrative violations"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree stipulating the National Database on Administrative Offense Handling.

Căn cứ Pháp lệnh K||| meteorological and hydrological works and protectionnghe com||| meteorological and hydrological works pursuant to the Ordinance on Meteorology and Hydrology dated December 2, 1994;||| Government Decree No. 12/2002/NĐ-CP dated January 22, 2002 on surveying and cartography activities;

Pursuant to DecreeNo. ||| The Government promulgates this Decree prescribing administrative penalties for violations in the field of meteorology, hydrology, surveying, and cartography.

At the proposal of the Minister of Natural Resources and Environment,

||| This Decree stipulates acts of administrative violation, forms of administrative penalty, levels of administrative penalty, measures to remedy consequences of administrative violations, authority to impose administrative penalties, and authority to issue administrative violation records in the fields of meteorology, hydrology, surveying, and cartography."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." ||| meteorology, hydrology, surveying, and cartography.ồ.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

3. Acts of administrative violation in the field of surveying and cartography include: Violations concerning permits for surveying and cartography activities; violations concerning management, protection, and use of surveying facilities; falsification of surveying data; violations concerning quality management of surveying projects and products; violations concerning reporting systems for surveying and cartography activities; violations concerning compliance checks with laws on surveying and cartography; violations concerning provision, exploitation, use, and international exchange of surveying and cartography information, materials, and data.

Organizations and individuals of Vietnam, foreign organizations and individuals who commit administrative violations in the fields of meteorology, hydrology, surveying, and cartography; persons authorized to issue administrative violation records and impose administrative penalties; other organizations and individuals involved.

Article 3. Forms, levels of administrative penalties, and measures to remedy consequences

a) Warning;

b) The maximum fine for a single act of administrative violation in the fields of meteorology, hydrology, surveying, and cartography is VND 50,000,000 for individuals and VND 100,000,000 for organizations;

c) Suspension of the right to use permits from three (3) months to twelve (12) months.

2. Supplementary forms of administrative penalties Suspension of operations from three (3) months to six (6) months.

3. Measures to remedy consequences are specifically provided for in Chapters II and III of this Decree, including:

a) Compel restoration to the original condition.

b) Compelling the dismantling of construction works or parts thereof without permits;

c) Compelling the recovery of products obtained through the commission of administrative violations; recovery of permits that have been altered or erased;

d) Compelling the return of unlawful profits obtained through the commission of administrative violations;

đ) Compelling the cancellation of results, products, or data obtained through the commission of administrative violations.

Article 4. Application of fines in administrative penalties

1. The fine levels prescribed in Chapter II and Chapter III of this Decree apply to individual violations of administrative regulations, and for organizational violations, the fine level is twice that of the fine for the same individual violation.

2. The authority to impose fines on individuals as stipulated in Articles 17, 18, and 19 of this Decree applies to one administrative violation by an individual; in cases where a fine is imposed for an organizational violation, the authorized person imposing the penalty shall double the fine level applicable to an individual.

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF METEOROLOGY AND HYDROLOGY

FORMS OF PENALTIES, AMOUNTS, AND REMEDIAL MEASURES FOR CONSEQUENCES

AND MEASURES TO REMEDY CONSEQUENCES

Article 5. Violations concerning Meteorological and Hydrological Operation Permit

1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Performing activities not in accordance with one item recorded in the permit;

b) Changing the office location granted the permit without notifying the competent state management agency for meteorology and hydrology.

2. A fine of from five million to seven million Vietnamese dong or revocation of the operation permit for three to six months for one of the following acts:

a) Performing activities not in accordance with two or more items recorded in the permit;

b) Arbitrarily changing the location of meteorological and hydrological facilities.

3. A fine of from seven million to ten million Vietnamese dong for the act of altering or erasing the contents of the Meteorological and Hydrological Operation Permit, thereby distorting its content.

4. A fine of from ten million to fifteen million Vietnamese dong for conducting meteorological and hydrological activities without a permit as required.

5. Measures to remedy consequences:

a) Revocation of the Meteorological and Hydrological Operation Permit for the act specified in Clause 3 of this Article;

b) Compelling restoration to the original condition for the violation specified at Point b Clause 2 of this Article.

Article 6. Violations concerning the dissemination of tropical depression, typhoon, and flood forecasts

1. A fine of from five million to ten million Vietnamese dong for disseminating tropical depression, typhoon, and flood forecasts on mass media without indicating the source of the information.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) Disseminating tropical depression, typhoon, and flood forecasts on mass media not in accordance with regulations;

b) Distorting the content of tropical depression, typhoon, and flood forecast bulletins provided by authorized agencies.

3. A fine of from forty million to fifty million Vietnamese dong for the violation specified at Point b Clause 2 of this Article causing serious consequences.

Article 7. Violations concerning the provision of reservoir operation information to meteorological and hydrological forecasting agencies

1. A fine of from five hundred thousand to one million Vietnamese dong for failing to implement the reporting system for meteorological and hydrological observation, data collection, and information gathering as required.

2. A fine of from ten million to twelve million Vietnamese dong for delaying the provision of the following reservoir operation information to meteorological and hydrological forecasting agencies as required:

a) Information on upstream and downstream water levels of the reservoir;

b) Information on inflow volume, outflow volume, turbine discharge volume, and total downstream discharge volume;

c) Predicted information on the potential increase in reservoir water level based on inflow volume.

3. A fine of from thirteen million to fifteen million Vietnamese dong for failing to provide the following reservoir operation information to meteorological and hydrological forecasting agencies as required:

a) Information on upstream and downstream water levels of the reservoir;

b) Information on inflow volume, outflow volume, turbine discharge volume, and total downstream discharge volume;

c) Predicted information on the potential increase in reservoir water level based on inflow volume.

4. A fine of from fifteen million to seventeen million Vietnamese dong for providing incorrect information on the following reservoir operations to meteorological and hydrological forecasting agencies:

a) Information on upstream and downstream water levels of the reservoir;

b) Information on inflow volume, outflow volume, turbine discharge volume, and total downstream discharge volume;

c) Predicted information on the potential increase in reservoir water level based on inflow volume.

5. A fine of from seventeen million to twenty million Vietnamese dong for failing to conduct meteorological and hydrological observations, data collection, and information gathering as required.

Article 8. Violations concerning the exploitation and protection of meteorological and hydrological works

1. A warning or a fine from 100,000 VND to 500,000 VND shall be imposed for the act of anchoring vessels or fishing within the technical safety zone of meteorological and hydrological works.

2. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed for the act of obstructing the observation and measurement of meteorological and hydrological factors.

3. A fine from 2,000,000 VND to 4,000,000 VND shall be imposed for the act of altering the natural state of meteorological and hydrological factors that need to be measured.

4. A fine from 4,000,000 VND to 6,000,000 VND shall be imposed for the act of constructing dams, discharging water through unauthorized weirs, or illegally dredging riverbeds or banks within the technical safety zone of meteorological and hydrological works.

5. A fine from 6,000,000 VND to 8,000,000 VND shall be imposed for any of the following acts:

a) Unauthorized construction violating the technical safety zone of meteorological and hydrological works;

b) Colliding with equipment or meteorological and hydrological works causing damage;

c) Anchoring transport vessels on hydrological or marine observation works.

6. A fine from 8,000,000 VND to 10,000,000 VND shall be imposed for the act of illegally moving the height markers of meteorological and hydrological works.

7. A fine shall be imposed for damaging meteorological and hydrological equipment or works as follows:

a) From 5,000,000 VND to 10,000,000 VND for damaging meteorological and hydrological equipment or works valued under 50,000,000 VND;

b) From 10,000,000 VND to 20,000,000 VND for damaging meteorological and hydrological equipment or works valued from 50,000,000 VND to under 100,000,000 VND;

c) From 20,000,000 VND to 30,000,000 VND for damaging meteorological and hydrological equipment or works valued from 100,000,000 VND to under 300,000,000 VND;

d) From 30,000,000 VND to 40,000,000 VND for damaging meteorological and hydrological equipment or works valued from 300,000,000 VND to 500,000,000 VND;

đ) From 40,000,000 VND to 50,000,000 VND for damaging meteorological and hydrological equipment or works valued over 500,000,000 VND.

8. Measures to remedy consequences:

a) Restoration to the original condition shall be ordered for violations stipulated in Clause 3 and Point b Clause 5 of this Article;

b) Removal of unauthorized constructions shall be ordered for violations stipulated in Clause 4 and Point a Clause 5 of this Article.

Article 9. Violations concerning the provision and use of basic meteorological and hydrological archival materials

1. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed for damaging meteorological and hydrological archival materials.

2. A fine from 4,000,000 VND to 6,000,000 VND shall be imposed for any of the following acts:

a) Using unregistered and unqualified meteorological and hydrological materials in projects and construction without authorization;

b) Using meteorological and hydrological materials without authorization from competent authorities;

c) Using meteorological and hydrological materials contrary to laws on national security confidentiality.

3. A fine from 6,000,000 VND to 10,000,000 VND shall be imposed for losing meteorological and hydrological archival materials.

4. Remedial measures: Restoration to the original condition shall be ordered for violations stipulated in Clause 1 of this Article.

Chapter III

 ADMINISTRATIVE VIOLATIONS IN THE FIELD

 OF MEASUREMENT AND MAPS, FORMS OF PENALTY, AMOUNTS OF FINES

AND REMEDIAL MEASURES

Article 10. Violation of provisions on Surveying and Mapping Business License

1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Failure to report changes in the person responsible for legal matters or the chief technical officer as required.

b) Changing the main office address.

c) Not applying for a new Surveying and Mapping Business License when the organization's name changes.

2. A fine of VND 5,000,000 to VND 10,000,000 or suspension of the right to use the Surveying and Mapping Business License for six to twelve months for failing to maintain the conditions stipulated for obtaining the Surveying and Mapping Business License during the operation of the organization.

3. A fine of from VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Conducting surveying and mapping activities not in accordance with the contents of the Surveying and Mapping Business License.

b) Engaging in surveying and mapping activities during the period of suspension of the right to use the Surveying and Mapping Business License.

c) Altering or erasing the contents of the Surveying and Mapping Business License.

4. A fine of VND 15,000,000 to VND 20,000,000 for conducting surveying and mapping activities without a license as prescribed.

5. Measures to remedy consequences:

a) Revoking the Surveying and Mapping Business License for violations specified in Point c Clause 3 of this Article.

b) Nullifying the products for violations specified in Point a and Point b Clause 3, Clause 4 of this Article.

Article 11. Violation of provisions on management, protection, and utilization of surveying construction works

1. Warning or a fine of VND 100,000 to VND 500,000 for failure to report to the People's Committee of the commune when using a basic survey point.

2. A fine of VND 500,000 to VND 1,000,000 for failure by the land user, owner, or manager of the construction work at the location of the basic survey point to properly fulfill their responsibility to protect the survey construction work, resulting in the loss of usability of the basic survey marker.

3. A fine of VND 3,000,000 to VND 5,000,000 for moving or damaging the basic survey point.

4. A fine of VND 5,000,000 to VND 7,000,000 for destroying the basic survey point.

5. Measures to remedy consequences: Compelling restoration to the original state for violations specified in Clause 3 and Clause 4 of this Article.

Article 12. Acts of forging surveying data

1. A fine of VND 15,000,000 to VND 20,000,000 or suspension of the right to use the Surveying and Mapping Business License for six to twelve months for acts of forging surveying data that have not reached the level of criminal prosecution.

2. Measures to remedy consequences:

a) Canceling the forged data and surveying and mapping results related to the forged surveying data.

b) Compelling the return of illegal profits obtained from the act of forging surveying data.

Article 13. Violation of provisions on quality management of surveying and mapping works and products

1. A fine of VND 6,000,000 to VND 8,000,000 for failure to conduct inspection and testing of equipment required to be inspected and tested before use.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Technical inspection and quality assessment of surveying and mapping works and products not covering all items and levels of inspection as prescribed.

b) Distorting the results of quality evaluation of surveying and mapping works and products.

c) Using inspection tools and equipment for surveying and mapping works and products that do not meet the technical requirements as prescribed.

3. Additional form of punishment: Suspension of technical inspection and quality assessment activities for surveying and mapping works and products already licensed for three to six months for violations specified in Point a Clause 2 of this Article.

4. Measures to remedy consequences: Nullifying the results of technical inspection and quality assessment of surveying and mapping works and products for violations specified in Point b and Point c Clause 2 of this Article.

Article 14. Violation of regulations on reporting systems for surveying and mapping activities

A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the act of failing to implement the reporting system in surveying and mapping activities as prescribed.

Article 15. Violation of regulations on inspection of compliance with laws on surveying and mapping

A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of failing to comply with inspection decisions; refusing to provide information related to the inspection of surveying and mapping activities by competent authorities.

Article 16. Violation of regulations on provision, exploitation, use, and international exchange of information, materials, and data of surveying and mapping products

1\. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of using information, materials, and data of surveying and mapping products without clearly indicating their lawful sources as prescribed.

2\. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on any of the acts of producing and supplying (including international exchange and import/export) information, materials, and data of surveying and mapping products that inaccurately represent national boundaries, sovereignty, territory, territorial waters (including the Paracel Islands, Spratly Islands, and other islands) of the Socialist Republic of Vietnam.

3\. Measures to remedy consequences: Compelling the recovery of products and the return of unlawful profits obtained through the implementation of violations stipulated in Clause 2 of this Article.

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

AND APPLY REMEDIAL MEASURES IN THE FIELD OF

METEOROLOGY, HYDROLOGY, SURVEYING AND MAPPING

Article 17. Administrative Sanction Enforcement Authority of Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c\. Applying remedial measures stipulated in Points a and b of Clause 3 of Article 3 of this Decree.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d\. Applying remedial measures stipulated in Clause 3 of Article 3 of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d\. Applying remedial measures stipulated in Clause 3 of Article 3 of this Decree.

Article 18. Administrative Sanction Enforcement Authority of Specialized Inspectors

1. Specialized inspectors, persons assigned to perform specialized inspection tasks in natural resources and environment while performing official duties have the right to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c\. Applying remedial measures stipulated in Point a of Clause 3 of Article 3 of this Decree.

2\. The Head of the Department of Natural Resources and Environment's Inspectorate, the Leader of the specialized inspectorate team appointed by the Director of the Department or the Head of the Department of Natural Resources and Environment's Inspectorate has the authority to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d\. Applying remedial measures stipulated in Clause 3 of Article 3 of this Decree.

3\. The Leader of the specialized inspectorate team appointed by the Minister or the Head of the Department of Natural Resources and Environment's Inspectorate has the authority to:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d\. Applying remedial measures stipulated in Clause 3 of Article 3 of this Decree.

4. The Head of the Department of Natural Resources and Environment Inspection has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoking the right to use a time-limited permit or suspending operations for a time-limited period;

d\. Applying remedial measures stipulated in Clause 3 of Article 3 of this Decree.

Article 19. Administrative Sanction Enforcement Authority of Public Security Organs, Border Guard Forces, Coast Guard, Customs, Forest Rangers, Tax Authorities, Market Management Agencies, Maritime Port Inspection Units, Civil Aviation Port Inspection Units, Inland Waterway Port Inspection Units, Other Specialized Inspectorates

1\. The authorized administrative sanction enforcer of public security organs, border guard forces, coast guard, customs, forest rangers, tax authorities, market management agencies, maritime port inspection units, inland waterway port inspection units shall have the authority to impose administrative sanctions and apply remedial measures against administrative violations prescribed in Chapters II and III of this Decree according to Articles 39, 40, 41, 42, 43, 44, 45, 47, and Article 52 of the Law on Handling Administrative Violations within their jurisdiction and assigned functions, tasks, and powers.

2\. The authorized administrative sanction enforcer of specialized inspectorates shall have the authority to impose administrative sanctions and apply remedial measures against administrative violations prescribed in Chapters II and III of this Decree within their managed sectors and industries according to Article 46 and Article 52 of the Law on Handling Administrative Violations.

Article 20. Competence to draw up administrative violation records

1\. Those authorized to prepare administrative violation records include:

b\. Civil servants and officials belonging to the agencies specified in Articles 17, 18, and 19 of this Decree while performing official duties.

2\. Those authorized to prepare administrative violation records as stipulated in Clause 1 of this Article shall have the right to prepare administrative violation records regarding administrative violations within their official duties and responsibilities according to the prescribed format and bear responsibility for the preparation of such records.

3\. An administrative violation shall only be recorded once. If an administrative violation has already been recorded, it shall not be recorded again for the same violation. In cases where an individual or organization continues to commit the violation despite being ordered to stop by the authorized administrative sanction enforcer, when imposing a penalty decision for such violation, the enforcer shall apply additional aggravating circumstances stipulated in Point i of Clause 1 of Article 10 of the Law on Handling Administrative Violations.

4\. In cases where an individual or organization commits multiple administrative violations in the same incident or repeatedly commits violations, the administrative penalty record must fully reflect all violations or the number of times they were committed.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1\. This Decree takes effect from January 1, 2014.

2. This Decree replaces the following Decrees:

b\. Decree No. 30/2005/NĐ-CP dated March 11, 2005 of the Government on administrative penalties in surveying and mapping activities.

Article 22. Transitional provisions

1\. Acts of violation occurring before the effective date of this Decree but not yet penalized and still under consideration or discovered after the effective date of this Decree shall be handled according to Decree No. 61/2008/NĐ-CP and Decree No. 30/2005/NĐ-CP for penalties. In cases where the provisions on penalties stipulated in this Decree are more favorable to organizations and individuals, the provisions of this Decree shall be applied for penalties.

2. For violations that have been decided upon and enforced but not yet executed or not fully executed, the previous penalty decision shall be enforced.

Article 23. Implementation organization and responsibility for enforcement

1. The Ministry of Natural Resources and Environment shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.